Sec. 48-54. Compostable or recyclable disposable food service ware required.

   (a)   A County facility, agency, or department using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

   (b)   A County contractor or lessee using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

   (c)   A food service business selling or providing food or beverages for consumption on or off premises in disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57. This subsection does not apply to:

      (1)   prepackaged food or beverages that were filled and sealed outside of the County before a food service business received them; or

      (2)   materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption. (2015 L.M.C., ch. 1, § 1.)

   Editor’s note—2015 L.M.C., ch. 1, § 2, states, in part: Effective date.

   (b)   The requirement for a County facility, agency, department, contractor, or lessee to use compostable or recyclable disposable food service ware established by Subsections 48-54(a) and (b) takes effect on January 1, 2016. Notwithstanding any other provision, a County facility, agency, department, contractor, or lessee may use disposable food service ware already purchased as of the effective date of this Act until the supplies are exhausted or until January 1, 2017, whichever is earlier, including disposable food service ware that the County facility, agency, department, contractor or lessee is obligated to purchase under any contracts in force on the effective date of this Act.

   (c)   The requirement to use compostable or recyclable disposable food service ware established by Subsection 48-54(c) takes effect on January 1, 2017.